115 Ark. 578 | Ark. | 1914
(after stating the facts). It is contended by appellant that the agent of the Missouri & North Arkansas Railroad was without authority to check the trunks of the appellee through from Marshall on its line of road over the' appellant’s line from Kensett to Hot Springs, without the purchase and payment for tickets by appellee, for the entire journey, and that it incurred no liability because of the issuance of checks therefor, the appellee not having first purchased through tickets to the point of destination. The carrying of baggage is an incident to the transportation of passengers, and the payment of the passenger’s fare is usually a necessary prerequisite to the binding of the carrier to liability for the transportation of the passenger’s baggage.
The appellant was liable for the baggage as a common carrier for forty-eight hours after its arrival at its depot in Hot Springs, and it is not disputed that it arrived on the morning of the day it was destroyed in the afternoon by fire.
Finding no prejudicial error in the record, the judgment is affirmed.